Chapter 13 The Federal Courts Flashcards
criminal law
the branch of law that regulates the conduct of individuals, defines crimes, and specifies punishment for proscribed conduct
plaintiff
the individual or organization that brings a complaint in court
defendant
the one against whom a complaint is brought in a criminal or civil case
civil law
the branch of law that deals with disputes that do not involve criminal penalties
precedent
prior case whose principles are used by judges as the basis for their decision in a present case
trial court
the first court to hear a criminal or civil case
court of appeals
a court that hears appeals of trial court decisions
supreme court
the highest court in a particular state or in the United States; this court primarily serves an appellate function
plea bargain
a negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for the state’s agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing
jurisdiction
the sphere of a court’s power and authority
original jurisdiction
the authority to initially consider a case; distinguished from appellate jurisdiction, which is the authority to hear appeals from a lower court’s decision
due process of law
the right of every individual against arbitrary action by national or state governments
habeas corpus
a court order that the individuals in custody be brought into court and shown the cause for detention; habeas corpus is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion
chief justice
justice on the Supreme Court who presides over the Court’s public sessions and whose official title is “chief justice of the United States”
class-action suit
a legal action by which a group or class of individuals with common interests can file a suit on behalf of everyone who shares that interest
judicial review
the power of the courts to review actions of the legislative and executive branches and, if necessary, declare them invalid or unconstitutional; the Supreme Court asserted this power in Marbury v. Madison (1803)
supremacy clause
Article VI of the Constitution, which states that laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state or any subdivision
standing
the right of an individual or organization to initiate a court case, on the basis of their having a substantial stake in the outcome
mootness
a criterion used by courts to screen cases that no longer require resolution
writ of certiorari
a court process to seek judicial review of a decision of a lower court or government agency; certiorari is Latin, meaning “to make more certain”
rule of four
a decision of at least four of the nine Supreme Court justices to review a decision of a lower court
solicitor general
the top government lawyer in all cases before the Supreme Court where the government is a party
amicus curiae
literally, “friend of the court”; individuals or groups who are not parties to a lawsuit but who seek to assist the Supreme Court in reaching a decision by presenting additional briefs
briefs
written documents in which attorneys explain, using case precedents, why the court should find in favor of their client
oral arguments
the stage in the Supreme Court procedure in which attorneys for both sides appear before the Court to present their positions and answer questions posed by the justices
opinion
the written explanation of the Supreme Court’s decision in a particular case
concurring opinion
a written opinion by a judge agreeing with the majority opinion but giving different reasons for the decision
dissenting opinion
a decision written by a justice in the minority in a particular case, in which the justice wishes to express the reasoning for dissenting in the case
stare decisis
deciding cases on the rules and principles set forth in previous court rulings; stare decisis is Latin meaning “to let the decision stand”
judicial restraint
judicial philosophy whose adherents refuse to go beyond the clear words of the Constitution in interpreting the document’s meaning
judicial activism
judicial philosophy that posits that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions
